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GARDNER v. CECI

Civ. A. No. 69-C-313.

312 F.Supp. 516 (1970)

Ruth Ann GARDNER, Michael Coffman, Michael Finnigan, and Theodore Rachofsky, individually and on behalf of those similarly situated, Plaintiffs, v. Honorable Louis J. CECI, individually and as Judge of County Court, Branch 3, Milwaukee County, Wisconsin, John J. Fleming, individually and as City Attorney of the City of Milwaukee, Wisconsin, and Harold A. Brier, individually and as Chief of Police of the City of Milwaukee, Wisconsin, and their Agents, Assistants, Successors, Employees, Attorneys and All Persons Acting in Concert or Cooperation with Them or at Their Direction or Under Their Control, Defendants.

United States District Court, E. D. Wisconsin.

April 30, 1970.

Attorney(s) appearing for the Case

William M. Coffey, Milwaukee, Wis., for plaintiffs.

Robert P. Russell, Corp. Counsel, and Gerald G. Pagel, Asst. Corp. Counsel, Milwaukee, Wis., for defendant Louis J. Ceci.

Thomas J. Balistreri, Asst. City Atty., Milwaukee, Wis., for defendant John J. Fleming.

Thomas E. Hayes, Asst. City Atty., Milwaukee, Wis., for defendant, Harold A. Brier.

OPINION AND ORDER

REYNOLDS, District Judge.

This is an action brought under the Civil Rights Act, 42 U.S.C. § 1983, with jurisdiction based on 28 U.S.C. § 1343. Plaintiffs seek a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202 declaring Section 106-2(a) of the General Ordinances of the City of Milwaukee to be unconstitutional, and injunctive relief restraining the defendants from enforcing the ordinance against plaintiffs...

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